Defending CCJ - Statute Barred Debt

[Lolly68]

Hello all, Someone told me about this forum so I hope you can help me. I received a claim form from the County Court Business Centre applying for a CCJ against me for an old Vanquis credit card which I took out in Oct 2007. I was made redundant shortly afterwards so got behind on everything. I havent made payment to this for over 6 years does this mean it is statute barred? Cabot Financial took on the debt in Feb 2011 and they are the ones listed as the claimant.

I have submitted an acknowledgement of service saying that i will be defending the debt and that I intend to contest jursidiction.

Any help as to what I write on thr defence and counterlclaim would be greatly appreciated.

Do I also have to write to cabot financial?

[Amethyst]

Re: Defending CCJ - Statute Barred Debt

Hiya, You don't want to contest jurisdiction but so many people tick that box I think the court just ignore it unless there are reasons given, so don't worry. But you have acknowledged and said you intend to defend in full so that is good.

What is the issue date on the claim ?
Who (exactly) is the claimant ? is it Cabot Financial (UK) Ltd ?
If you could type out the particulars of claim that would also be helpful, and how much approx the claim is.


Other than that the next steps are

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[nemesis45]

Re: Defending CCJ - Statute Barred Debt

Hi welcome to LB,
To assist us can you either post a suitably redacted copy of the N1 claim form
or type in the particulars of the claim verbatim please?
Staute Barred in England and Wales = 6 clear years with no payment or
unequivocal written admission of liability.
Statute Barred at the time the claim was issued is a complete defence,
Have you acknowledged service of the claim? You can do this online
at Money Claim Online (MCOL). and state intention to defend in full, do not enter a defence at this stage.
You should send Cabot a

CCA request for a copy of the agreement there
is a £1 statutory fee to pay use a cheque or Postal Order endorsed" for
statutory fee only". Cabot has 12 + 2 Working days to comply. There's
a template in the forum library for this, use signed for post and check
delivery date.
Next send a request under Civil Procedure Rule ( CPR) 31.14 to the solicitor
named on the claim form.
This for documents mentioned in the particulars of claim Only.
No fee for this, a nominal 7 days to comply.

nem

[FlamingParrot]

Re: Defending CCJ - Statute Barred Debt

Hello all, Someone told me about this forum so I hope you can help me. I received a claim form from the County Court Business Centre applying for a CCJ against me for an old Vanquis credit card which I took out in Oct 2007. I was made redundant shortly afterwards so got behind on everything. I havent made payment to this for over 6 years does this mean it is statute barred?

Hello

It sounds like it, unless there was something else such as a written acknowledgment (i.e. an offer of repayment, even if not accepted) during that period. :thumb:

Cabot Financial took on the debt in Feb 2011 and they are the ones listed as the claimant.

I have submitted an acknowledgement of service saying that i will be defending the debt and that I intend to contest jursidiction.

Contesting jurisdiction wouldn't be applicable unless you were not in England and Wales.

Any help as to what I write on thr defence and counterlclaim would be greatly appreciated.

You're not likely to be making a counter claim so just the defence. You have a maximum of 33 days from the date printed on the claim, to submit your defence. When was the claim issued?

Before you do that you need to send the CCA and CPR requests as posted by Amethyst. Knowing them, they're not very likely to supply you with the documents in time for your defence, but you still need to submit one based around having no paperwork in addition to the debt being statute barred. :typing:

There's no need to chase the CCA request and Cabot are likely to say it will take them 40 days to obtain the documents and/or that the account is 'on hold'. You should ignore that and still submit a defence in time saying they are in default of your request amongst other things, we have a generic defence covering all these bits.

The CPR request should be replied to in 7 days, otherwise you need to contact the solicitors. Who are they using? Restons? Weightmans?

Do I also have to write to cabot financial?

Yes, the CCA request goes to them.

Will also be useful to know if the claimant shows as Cabot Financial (UK) Limited.

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

Oh wow - thank you for all your responses.

It is Cabot Financial. Restons are the the solicitors to reply too.

I have acknowledged service saying that I will defend.

The claim form says

"The claimant claims payment of the overdue balance due from the defendant under a contract between the defendant and Vanquis dated Oct 4 2007 and assigned to the claimant 23 Feb 2011. "

I have not acknowledged this debt and have not paid anything to it since early 2008.

- - - Updated - - -

Claim was issued 14 October and I acknowledged it yesterday.

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

Hello

It sounds like it, unless there was something else such as a written acknowledgment (i.e. an offer of repayment, even if not accepted) during that period. :thumb:

Contesting jurisdiction wouldn't be applicable unless you were not in England and Wales.

You're not likely to be making a counter claim so just the defence. You have a maximum of 33 days from the date printed on the claim, to submit your defence. When was the claim issued?

Before you do that you need to send the CCA and CPR requests as posted by Amethyst. Knowing them, they're not very likely to supply you with the documents in time for your defence, but you still need to submit one based around having no paperwork in addition to the debt being statute barred. :typing:

There's no need to chase the CCA request and Cabot are likely to say it will take them 40 days to obtain the documents and/or that the account is 'on hold'. You should ignore that and still submit a defence in time saying they are in default of your request amongst other things, we have a generic defence covering all these bits.

The CPR request should be replied to in 7 days, otherwise you need to contact the solicitors. Who are they using? Restons? Weightmans?

Yes, the CCA request goes to them.

Will also be useful to know if the claimant shows as Cabot Financial (UK) Limited.

You know you're stuff!! Yes it is Cabot Financial and Restons. I will write to them then requesting what you said etc and take it from there.

Are they known to do this quite a lot then Cabot?

[nemesis45]

Re: Defending CCJ - Statute Barred Debt

You know you're stuff!! Yes it is Cabot Financial and Restons. I will write to them then requesting what you said etc and take it from there.

Are they known to do this quite a lot then Cabot?

Is the claimant listed As Cabot Financial UK Ltd. Cabot Financial Europe Ltd. Cabot Marlin Ltd or Just Cabot Financial?


nem

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

Cabot Financial (UK) Limited. Why does it make a difference

[nemesis45]

Re: Defending CCJ - Statute Barred Debt

Cabot Financial (UK) Limited. Why does it make a difference

It may, there is a possibility that Cabot Financial UK Ltd is not authorised by the FCA at present.
To save looking back on what date was the claim issued?

nem

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

14 October. Does that mean they can issue CCJ then?

[FlamingParrot]

Re: Defending CCJ - Statute Barred Debt

It may, there is a possibility that Cabot Financial UK Ltd is not authorised by the FCA at present.
To save looking back on what date was the claim issued?

Claim was issued 14 October and I acknowledged it yesterday.

Oh wow - thank you for all your responses.

It is Cabot Financial. Restons are the the solicitors to reply too.

I see above that the claimant is the unlicensed Cabot Financial (UK) Limited, you may want to look at this post, which I'm re-quoting below for convenience. :thumb:

It may seem like a lot but it's mostly a matter of copying and pasting and just filling in the bits highlighted in red. You can do most of it by email/online. :typing:

---

A) To be emailed to: cabotcustomer@cabotfinancial.com

Subject: Court claim xxxxxxx

Dear Cabot Financial (UK) Limited,

I am in receipt of court claim xxxxxxxx and note that Cabot Financial (UK) Limited are the claimant. I note that upon searching the FCA register that the license for conducting regulated consumer credit activities lapsed on 28/02/15. I would like to draw your attention to S39 of the consumer credit act which makes carrying on activities for which a license is required, without one, a criminal offence.

Yours sincerely

---

B) To be sent to Restons.

(I don't think they accept correspondence by email, you may want to ring and ask them, otherwise it will have to be posted but it certainly is worth it. :grin

Subject: Court claim xxxxxxx

Dear Sirs,

In the matter of Cabot Financial (UK) Limited v me Ref #######

I note that your client , the claimant, is Cabot Financial (UK) Limited. I note the claim form has been signed by xxxx and as is normal practice is accompanied by a statement of truth.

I further note that upon a search of the FCA register that the status of the claimants license is LAPSED and it did indeed lapse on 28/02/2015 which i note is before the claim was initiated and the said statement of truth signed by xxxx. I would like to draw your attention to s.39 of the Consumer Credit Act which makes carrying on activities for which a license is required without one, a criminal offence. It is also potentially contempt of court for xxxx to sign a statement of truth for a court claim on which they cannot have had a reasonable belief in its truth.

I would point out that s.40 of the Consumer Credit Act makes enforcement without a license impossible.

I await with interest your response.

Yours sincerely

---

C) To be emailed to the court: ccbcdefendants@hmcts.gsi.gov.uk

Subject :- Court claim xxxxxxx Cabot Financial (UK) Limited v ME

To the manager of the court.

Please put this letter before the judge.

I would like draw to the attention of the court that the claimant is carrying on regulated consumer credit business without a valid license. The FCA register number for Cabot Financial (UK) Limited is 472690 and shows as lapsed and also that it lapsed on 28/02/15.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

This will obviously be a feature of my defence however due to the large volume of these claims i felt the court should be informed so any investigation deemed necessary, or not, could reduce the burden placed upon the courts.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court as they cannot have held an honest believe in the truth of the statement and i would ask that that particular matter be referred to the Attorney General.

Yours sincerely

---

D) Report to the SRA: http://www.sra.org.uk/home/contactus.page -> Select - consumer- other and proceed to step 3.

Subject - Criminal act - Consumer credit - Solicitor aiding

I would like to inform the SRA that Restons Solicitors have lodged court papers against me on behalf of Cabot Financial (UK) Limited. I appreciate that doesn't seem like a problem so please bear with me.

Cabot Financial (UK) Limited is, according to the FCA register for consumer credit, no longer a license holder and has not been since 28/02/2015. Registration number 472690.

The consumer credit act 1974 requires a license under section 21. Section 39 makes activities of this nature, without a license, a criminal offence.

Aside from the immediate criminal offence the solicitor has signed a statement of truth and i believe this might constitute contempt of court and have asked the court to refer this to the Attorney General.

Yours sincerely

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

Thank you - you have been amazing. I will try and do all this this afternoon (just been given a 200 doc to amend!) but if not will do it when I return to work next Weds.

Will let you know how I get on.

Do I still need to send in the defence?

[FlamingParrot]

Re: Defending CCJ - Statute Barred Debt

14 October. Does that mean they can issue CCJ then?

No it does not! :nono: If you haven't paid since 2008 and there was no written acknowledgment of the debt after that, the account would have been statute barred at the time the claim was issued which is what matters. :whoo:

- - - Updated - - -

Thank you - you have been amazing. I will try and do all this this afternoon (just been given a 200 doc to amend!) but if not will do it when I return to work next Weds.

Will let you know how I get on.

Do I still need to send in the defence?

YES YES YES!

Sorry to shout :sorry: I'm just trying to avoid any misunderstandings, because failure to submit a defence before your deadline can result in default judgment, :scared: regardless of what arguments you could have had to defend, as default judgment is a purely admin procedure without the intervention of a judge and without looking at the facts of the case. :Cry:

[Lolly68]

Re: Defending CCJ - Statute Barred Debt

I need shouting at!

Thank you for clarifying. Will sort it all out and let you know when I have a response.

[nemesis45]

Re: Defending CCJ - Statute Barred Debt

Allegedly unlicensed!